single-behavioral-incident rule (Minnesota) · Go Syfert
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single-behavioral-incident rule in Minnesota

9 Minnesota opinions name it 2 courts 2004–2016 0 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
State v. Fergusongreen
minn · 2012 · cited in 2 Minnesota opinions naming this issue, 2013–2016
2 sentences

2016State v. Ferguson, 808 N.W.2d 586, 589 (Minn. 2012) (“[T]he legislature did not intend section 609.035 to immunize offenders in every case from the consequences of separate crimes intentionally committed in a single episode against more than one individual.” (quotation omitted)).

2013The purpose of Minnesota Statutes section 609.035 (2010), often referred to as the single-behavioral-incident rule, “is to protect against exaggerating the criminality of a person’s conduct and to make both punishment and prosecution commensurate with culpability.” Ferguson, 808 N.W.2d at 589 (quotation omitted).

22
State v. Williamsgreen
minn · 2000 · cited in 2 Minnesota opinions naming this issue, 2009–2014
2 sentences

2014“When conducting a single-behavioral-incident analysis for two intentional crimes, Minnesota courts consider whether the conduct (1) shares a unity of time and place and (2) was motivated by an effort to obtain a single criminal objective.”1 State v. Bauer, 776 N.W.2d 462, 478 (Minn. App. 2009) (citing State v. Williams, 608 N.W.2d 837, 841 (Minn. 2000)), aff’d, 792 N.W.2d 825 (Minn. 2011).

2009State v. Williams, 608 N.W.2d 837, 841 (Minn.2000); State v. Soto, 562 N.W.2d 299, 304 (Minn.1997).

22
State v. Holmesgreen
minn · 2010 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016See State v. Holmes, 778 N.W.2d 336, 340-41 (Minn. 2010) (interpreting Minn. Stat. § 609.585 (2008)).

11
State v. Skipinthedaygreen
minn · 2006 · cited in 1 Minnesota opinions naming this issue, 2015–2015
1 sentence

2015Under the multiple-victim exception, a district court may impose “multiple sentences for multiple crimes arising out of a single behavioral incident if: (1) the crimes affect multiple victims; and (2) multiple sentences do not unfairly exaggerate the criminality of the defendant’s conduct.” State v. Skipintheday, 717 N.W.2d 423, 426 (Minn. 2006).

11
State v. Bauergreen
minnctapp · 2009 · cited in 1 Minnesota opinions naming this issue, 2014–2014
1 sentence

2014“When conducting a single-behavioral-incident analysis for two intentional crimes, Minnesota courts consider whether the conduct (1) shares a unity of time and place and (2) was motivated by an effort to obtain a single criminal objective.”1 State v. Bauer, 776 N.W.2d 462, 478 (Minn. App. 2009) (citing State v. Williams, 608 N.W.2d 837, 841 (Minn. 2000)), aff’d, 792 N.W.2d 825 (Minn. 2011).

11
In Re Brittaingreen
minn · 2006 · cited in 1 Minnesota opinions naming this issue, 2013–2013
1 sentence

2013We conclude that section 609.035, subdivision 3, is unambiguous in stating that neither the single-behavioral-incident rule nor section 609.04 is “a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.” (Emphasis added.) “The word ‘any’ is given broad application in statutes, regardless of whether we consider the result reasonable.” Hyatt v. Anoka Police Dep’t, 691 N.W.2d 824, 826, 828 (Minn.2005) (interpreting “any person” in context of Minn. Stat. § 347.22 (2004) to include municipal owners of police dogs); see also In re PERA Police

11
In Re Matter of Hildebrandtgreen
minnctapp · 2005 · cited in 1 Minnesota opinions naming this issue, 2013–2013
1 sentence

2013We conclude that section 609.035, subdivision 3, is unambiguous in stating that neither the single-behavioral-incident rule nor section 609.04 is “a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.” (Emphasis added.) “The word ‘any’ is given broad application in statutes, regardless of whether we consider the result reasonable.” Hyatt v. Anoka Police Dep’t, 691 N.W.2d 824, 826, 828 (Minn.2005) (interpreting “any person” in context of Minn. Stat. § 347.22 (2004) to include municipal owners of police dogs); see also In re PERA Police

11
Hyatt v. Anoka Police Departmentgreen
minn · 2005 · cited in 1 Minnesota opinions naming this issue, 2013–2013
1 sentence

2013We conclude that section 609.035, subdivision 3, is unambiguous in stating that neither the single-behavioral-incident rule nor section 609.04 is “a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.” (Emphasis added.) “The word ‘any’ is given broad application in statutes, regardless of whether we consider the result reasonable.” Hyatt v. Anoka Police Dep’t, 691 N.W.2d 824, 826, 828 (Minn.2005) (interpreting “any person” in context of Minn. Stat. § 347.22 (2004) to include municipal owners of police dogs); see also In re PERA Police

11
State v. Sotogreen
minn · 1997 · cited in 1 Minnesota opinions naming this issue, 2009–2009
1 sentence

2009State v. Williams, 608 N.W.2d 837, 841 (Minn.2000); State v. Soto, 562 N.W.2d 299, 304 (Minn.1997).

11
Nelson v. Productive Alternatives, Inc.green
minn · 2006 · cited in 1 Minnesota opinions naming this issue, 2009–2009
1 sentence

2009We apply the rules of statutory construction to the sentencing guidelines, including the canon “expressio unius est exclusio alterius.” This canon provides that “the expression of one thing is the exclusion of another.” Nelson v. Productive Alternatives, Inc., 715 N.W.2d 452, 457 (Minn.2006).

11
State v. Marchbanksgreen
minnctapp · 2001 · cited in 1 Minnesota opinions naming this issue, 2006–2006
1 sentence

2006See State v. Marchbanks, 632 N.W.2d 725, 731 (Minn.App.2001).

11
State v. Marquardtgreen
minn · 1980 · cited in 1 Minnesota opinions naming this issue, 2004–2004
1 sentence

2004State v. Marquardt, 294 N.W.2d 849, 850-51 (Minn.1980).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
State v. Bauer green
minn · 2011
1 sentence

2014“When conducting a single-behavioral-incident analysis for two intentional crimes, Minnesota courts consider whether the conduct (1) shares a unity of time and place and (2) was motivated by an effort to obtain a single criminal objective.”1 State v. Bauer, 776 N.W.2d 462, 478 (Minn. App. 2009) (citing State v. Williams, 608 N.W.2d 837, 841 (Minn. 2000)), aff’d, 792 N.W.2d 825 (Minn. 2011).

12014–2014
State v. Williams green
minn · 2009
1 sentence

2013Section 609.035, subdivision 1, “prohibits the imposition of multiple sentences for offences committed as part of a single behavioral incident.” Williams, 771 N.W.2d at 520 .

12013–2013

Statutes the citing opinions construe

MN § Minn. Stat. § 609.035 (9) MN § Minn. Stat. § 480A.08 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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